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Home My WebLink AboutAB 715 - Publishing & Posting Rqurmnts of CityCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 715 (CABALLERO) AT ITS MEETING OF APRIL 28, 2009. DATE: May 21, 2009 CONTENTS: AB 715 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 715 (Caballero) relative to publishing and posting requirements of City Ordinances. BACKGROUND: Existing law requires the City Clerk, within 15 days after the passage of an ordinance by a City Council, to cause the Ordinance to be published or posted according to specified procedures, to publish a summary of the Ordinance with the names of those Council Members voting for or against the Ordinance, and to post the full text of the Ordinance in the Office of the City Clerk. If passed, AB 715 would authorize City Clerks to post the full text of the Ordinance, either in the office of the City Clerk or on the official Internet website of the City. Provided this law would remove the requirement to publish these documents as legal advertisements in local newspapers, the City of Palm Desert is supportive of the Legislation. The Legislative Review Committee recommends that the City Council support AB 715 and direct staff to prepare a letter stating that position to appropriate legislators and committees for the Mayor's signature. PATRICIA SCULLY, C SENIOR MANAGE.M€NNALYST 'SHEILA R. GILLIGA ACM/COMMUNITY SERVIC PAUL GIBSON DIRECTOR OF FINANCE/CITY TREASURER N WOHLMUTH Y MANAGER CITY COUNCILACTION APPROVED 1/ DENIED RECEIVED OTHER MEETING DATE a i-C'`:1 AVE'S. frasoil�'t�i1srn,Figer API/,l, S?/eye1 NOES: NKO4C-- ABSENT: h`bnt ABSTAIN: N U1� VERIFIED 13Y: Original on File with City Clerk's Office AB 715 Assembly Bill - INTRODUCED L)age 1 of 2 BILL NUMBER: AB 715 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Caballero FEBRUARY 26, 2009 An act to amend Section 36933 of the Government Code, relating to ordinances. LEGISLATIVE COUNSEL'S DIGEST AB 715, as introduced, Caballero. City ordinances: publishing and posting requirements. Existing law requires the city clerk, within 15 days after the passage of an ordinance by the city council, to cause the ordinance to be published or posted according to specified procedures, one of which requires both the city council to publish a summary of the ordinance, with the names of those city council members voting for and against the ordinance, and the city clerk to post the full text of the ordinance in the office of the city clerk, with the names of those city council members voting for and against the ordinance. This bill would authorize the city clerk to post the full text of the ordinance either in the office of the city clerk or on the official Internet Web site of the city. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 36933 of the Government Code is amended to read: 36933. (a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city. In cities incorporated less than one year, the city council may determine whether ordinances are to be published or posted. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by this section. (b) Except as provided in Section 36937, an ordinance shall not take effect or be valid unless it is published or posted in substantially the manner and at the time required by this section. (c) The publication or posting of ordinances, as required by subdivision (a), may be satisfied by either of the following actions: (1) The city council may publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. The summary shall be prepared by an official designated by the city council. A summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0701-0750/ab 715 bill 20090226 introduced.... 4/3/2009 AB 715 Assembly Bill - INTRODUCED Page 2 of 2 office of the city clerk at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the city council shall publish a summary of the ordinance or amendment with the names of those city council members voting for and against the ordinance or amendment , and the city clerk shall post in the office of the city clerk or on the official Internet Web site of the city a certified copy of the full text of the adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment; or (2) If the city official designated by the city council determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the city council so orders, a display advertisement of at least one -quarter of a page in a newspaper of general circulation in the city shall be published at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one -quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those city council members voting for and against the ordinance or amendment. (d) (1) Any member of the public may file with the city clerk, or any other person designated by the governing body to receive these requests, a request for notice of specific proposed ordinances or proposed amendments to ordinances. (2) Notice pursuant to paragraph (1) shall be mailed or otherwise transmitted at least five days before the council is scheduled to take action on the proposed ordinances or proposed amendments to an ordinance. Notice may be given by written notice properly mailed or by e-mail if the requesting member of the public provides an e-mail address. Notice may be in the form specified in either paragraph (1) or (2) of subdivision (c), as determined by the city council. (3) As an alternative to providing notice as requested of specific proposed ordinances or proposed amendments to ordinances, the city clerk, or other person designated by the governing body, may place the requesting member of the public on a general mailing list that gives timely notice of all governing body public meetings at which proposed ordinances or proposed amendments to ordinances may be heard, as provided in Section 54954.1. If this alternative is selected, the requesting member of the public shall be so advised. (4) The city may charge a fee that is reasonably related to the costs of providing notice pursuant to this subdivision. The city may require each request to be annually renewed. (5) Failure of the requesting person to receive the information pursuant to this subdivision shall not constitute grounds for any court to invalidate an otherwise properly adopted ordinance or amendment to an ordinance. http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0701-0750/ab 715_bill_20090226_introduced.... 4/3/2009